LET THERE BE JUSTICE THOUGH THE HEAVENS FALL!
Today marks 18 years since President Joseph Saudu Momoh left this sinful world for the true world. The family still mourns the pain of losing such a gentle soul. We will not forget the inhumanity that was dealt him by the Kabba government after the sufferings him and his dear wife Hannah suffered after his overthrow by the NPRC little boys brigade Coup d’etet. Kabba deprived Momoh of his constitutional provision to his Presidential pension and gratuitous benefits. Through a so-called Cabinet Paper, he SLASHED more than 60 % of ALL that President Momoh was entitled to, and by extension, what his family were expected to have bequeathed to them after his passing. I need not go into the consequences of such deprivations, pain and suffering they encounter after his demise. But President Tejan Kabba, made sure he left the constitutional provisions in tact so the HE COULD EVENTUALLY ENJOY ALL THE BENEFITS INSHRINED IN THE 1991 Constitution! AND SO HE DID! Deprived President Momoh but secured his own position and benefits! YES! Mortal man!
As we all remember President Joseph Saudi Momoh TODAY 3rd August 2021, (he departed 3rd August 2003: I happened to be in the USA 🇺🇸 then, but was privileged to attend the Memorial cum funeral service in Virginia conducted by the also now Late Rev Rowland Timity (RIP). In attendance was also now Late Hon Dr John Kerefa-Smart -RIP) let us RECALL his words in his FIRST ever interview by Robin White of the BBC whilst President Momoh was exiled in Guinea, following his overthrow by the NPRC pikin sojas - Valentine Strasser, SAJ Musa, Tom Nuyma, Idrissa Kamara, Komba Mondeh, Maada BIO, Keli Conteh, Joy Turay, etc. etc.
This discussion about the unfair treatment meted out to President Joseph Saudi Momoh by President Ahmed Tejan Kabba popped up at the apex of the last General Elections 2018. By a strange coincidence, Professor Peter Dumbuya (who was by then in the USA - but now in Sierra Leone FBC) was examining the question of a ‘A WELFARE STATE FOR PRESIDENTS AND VICE PRESIDENTS’, on 24th April 2018 in his Facebook Post. (Reproduced Below). In my rejoinder, (also re-produced below) I questioned or rather queried the unfair and inhuman treatment of President J S Momoh, a synopsis of my feelings is re-echoed above.
Included in this post, I have endeavoured to reproduce the very first interview of the Late President Joseph Saudu Momoh by Robin White of the BBC after he was overturned by the NPRC on 29th April 1992 when those ‘Borbor Sojas’, should have been concentrating on fighting the War/Invasion by Charles Taylor’s NPFL Rebels of Liberia and our own FODAY SANKOH RUF Rebels. I have included a Photo below of my visit to State House in May 1991 with the Late Arika Awuta Coker , Editor of the Daily Mail and Saramadi Kabba (Journalist) both part of a Concerned Citizen’s Group we marshalled for that tragic 11 years War as a pressure group.
FLASHBACK APRIL 2018
Read below : A WELFARE STATE FOR PRESIDENTS AND VICE PRESIDENTS BY PETER DUMBUYA!
My Rejoinder: 24 April 2018
Dear Prof Peter Dumbuya: You do not stop to amaze me. This is so apt and timely particularly for the small matter of the current Former President Ernest Bai Koroma, establishing his new " Office of the former President" which has generated some interesting social media comments and the position of the former Vice President Victor Bokari Foh and his dramatic retirement from "active politics".
This now calls attention to the former SLPP Vice President Berewa's position and one wonders whether what proportion of these provisions he is (if at all) is enjoying.
It appears to me that the tinkering of the 1991 constitution by the NPRC under their DECREE NO 9 of March 1996 had but little diminishing effect. I recall that several of these DRACONIAN Decrees were reversed by Parliament when President Tejan Kabba took the reins of power in 1996. One wonders what was his (Kabba) position and benefits upon his own retirement until his passing away?
Furthermore, since as you pointed out his government was "astounded by the level of the burden..." upon the State of these retirement benefits, BUT THE CONSTITUTION (and appropriate sections) was neither AMENDED nor REPEALED! YET, as you observed, in 1997, 3rd of March, "President Ahmed Tejan Kabba issued a public statement stating that "the Government was astounded by the level of the burden the State is required BY LAW to carry in maintaining a retired President".
BUT TO WHAT LEGAL EFFECT WAS THAT PUBLIC STATEMENT FOR HIM AND HIS GOVERNMENT TO DENY THE LATE PRESIDENTJOSEPH SAIDU MOMOH HIS FULL ENTITLEMENTS UNDER THE LAW? Rather, when President J S MOMOH asked for his retirement benefits he was, as you put it, "OFFERED ...” a monthly pension of Le900,000 (including expenses) far short of the CONSTITUTIONAL $12,000 a year; Le25million a month as provided, and many other depreviations to the late President.
Yet, the fundamental law was neither repealed nor amended which I effectively submit, IS STILL THE LAW TODAY as even the CRC has failed to rectify in their review which is still NOT THE LAW!
Therefore, it would appear to me, that President Tejan Kabba acted on impulse having just assumed office under a year, and being "astounded" indicated he was not (even being a Lawyer), wholly familia with the Provisions of the 1991 Constitution which by that time had been fully restored (following its SUSPENSION under the Military Rule of the NPRC by led by Captain Valentine Stresses, and Julius Maada Bio who handed over to Kabba 29 March 1996). But "ignorantia juris non excusat" (ignorance of the law is no excese).
This is another example of the inexactitudes, errors, omissions and ‘oversights’ by our clever constitutional drafters,we have noted in other discussions that have led to and still continue to lead to confusions, Supreme Court cases and as I write, assembling and summoning of Parliament for the first time after the just concluded fractious Elections erupting a tassel between Mr Speaker vs The Clerk of Parliament. God Help Us.
You further states that the Tejan Kabba Government "promised but did not amend or repeal..." the law which puts the FULL PROVISIONS BACK WHERE IT BELONGS (Ex quo loco referee). Therefore I will submit most profoundly, that the treatment levied upon the Late President Joseph SAIDU MOMOH and his family was unjust and and UNCONTITUTIONAL as the public statement by Late President Kabba appeared to have NO FOECE OF LAW and he had acted Ultra Vires the Constitution.
He may have not taken or made any effort in amending or repealing the 1991 provisions because of his own interest on second thought knowing fully well, he will one day retire. Therefore, I feel strongly that the FAMILY OF THE late President J S MOMOH is not only entitled to an apology from the State and particularly the SLPP Leadership, but are entitled to aĺl that was denied and due to the former President and his dependants who suffered tremendous hardship by virtue of this deliberate and unconstitutional deprivation contrary to the Law of the State of Sierra Leone as Provided. THIS WAS A CALLOUS ACT AND BREACH OF HUMAN RIGHTS FOR WHICH THE FAMILY MUST NOW PURSUE IN THE COURTS AND SEEK REDRESS! As it is said, "FIAT JUSTITIA RUAT CAELUM" (Let there be justice though the heavens fall)!
Israel Ojekeh Parper Snr
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FLASHBACK:
Prof Peter Dumbuya
24 April 2018
A Welfare State for the President and Vice President?
Much has been said and written about politicians’ penchant to form corrupt patron-client networks and manipulate identities (ethnic, regional, and religious) to win elections or stay in office beyond their constitutionally mandated terms. Today, for example, Armenians forced Prime Minister Serzh Sargsyan out of office; he had served ten years as president before his recent reincarnation. What we don’t hear or read about often are the ways in which constitutions and laws, the very pillars of democracy in a well-ordered society, have carved out a welfare system for presidents and vice presidents. For instance, when the president and vice president of Sierra Leone retired from office at the end of their terms on April 4, 2018, they took with them a retinue of personal aides, benefits, and services, courtesy of the state, aka the People.
It starts with Section 48(5) of the Constitution of Sierra Leone 1991 which states that “The President shall be entitled to such pension and retiring benefits as shall be prescribed by Parliament.” Parliament, representing the People, passed the implementing legislation known as “The Pensions and Retiring Benefits of Presidents and Vice-Presidents Act [No. 2], 1986.” For either office holder to receive full, life-time benefits, they should have served for at least twelve (12) months in office, otherwise the cabinet sets the value of pension, gratuity, or other benefits they, their surviving spouses, dependent children, or dependent relatives are entitled to receive for a period of not more than twelve and a half years. The Act is divided into four parts, with Parts II and III covering the substance of the benefits and services.
Part II: Pension and Gratuity
Each retired president and vice president is entitled to “a monthly pension computed on the basis of an amount equal to the annual basic salary of a President on the day he retired from that office.” Each is also entitled to a gratuity of 30 percent of his basic salary “on the day on which the person in respect of whose retirement the gratuity is to be paid retired from the relevant office.” However, in the event the president or vice president dies in office, the pension and gratuity are to be determined by the cabinet (but not in excess of what either office holder would have received upon retirement) and payable to a widow (“widow” includes “widower”), child, relative, or dependent. Various reports I’ve read state the president’s basic salary (sans benefits and allowances) as: $12,000 a year; Le25 million a month).
The pension and gratuity are free of estate duties (taxes) and are payable up to twelve and a half years after such death. And if either office holder dies within twelve and a half years after leaving office, the pension is payable to “his widow or if he had dependent children or dependent relatives or both, his widow and dependent children or dependent relatives or both, as the case may be,” for the remainder of the twelve and a half-year period. Pension payments terminate upon the re-marriage of the surviving spouse. Other than a debt due to the government, pensions and gratuities cannot be assigned, transferred, attached, sequestered, or levied upon by debtors.
Part III: Miscellaneous Retiring Benefits
Each retired president and vice president is entitled to a lump sum payment (based on the last drawn salary prior to retirement) for all leave earned and not used up while in office. A retired president gets office accommodation, with a rental value of not more than Le10, 000 per year, with an office staff comprising an official of the rank of Senior Assistant Secretary, one confidential secretary, one private secretary, and two office messengers. Further, a retired president is entitled to residential accommodation at an annual value of not more than Le15,000, and a household staff consisting of two cooks, two stewards, two cleaners, two gardeners, two laundrymen, and one domestic supervisor. A retired president can opt for cash payments in lieu office and residential accommodation, staff, and services. A retired vice president, on the other hand, gets one cook, one steward, and two servants. Office and residential Staff salaries are to be approved by the cabinet.
In addition the costs for electricity and water for office and residential accommodation are also borne by the state. A retired president continues to enjoy exemptions from all duties and taxes, while a retired vice president is exempted from all taxes and duties on personal effects imported into Sierra Leone with the president’s prior approval.
Either former office holder is entitled to travel outside Sierra Leone once a year, based on the cost of a first class return air ticket to the United Kingdom. But whereas the former president is accompanied by one secretary and one security personnel (economy class tickets), the retired vice president travels with only one security personnel.
At home, a retired president continues to travel in style. His state-supplied fleet of vehicles include one VIP car, one escort car, one family car, and one utility car, plus four drivers, one for each vehicle. A retired vice president gets one VIP car and one utility car, in addition to two drivers. Both of them are also entitled to reasonably adequate security for themselves, their families, and residences. To these ends, a retired president is assigned three Assistant Superintendents of Police, thirty (30) personal guards, and four Watchmen, while six personal guards provide security for a former vice president.
The cabinet, presumably under the president’s direction, is tasked with approving the costs associated with the procurement of vehicles, payment of salaries of drivers and security personnel, and maintaining the fleet of vehicles. Pension, gratuity, and other benefits are charged to the Consolidated Fund, while the Minister of Finance crafts regulations to give effect to the provisions of this Act. A source who is familiar with this Act told me that Parliament has made cost-of-living adjustments to the benefits under this Act.
It should be noted that National Provisional Ruling Council (NPRC) Decree No. 9 of March 1996 tinkered with the Act under discussion. Among other things, the Decree deleted the twelve-month qualification for full pension, gratuity, and other benefits; upheld the requirement for office accommodation but reduced the staff to five persons; provided for a retired president to travel outside the country but with one staff person; reduced the number of cars to two with two drivers for a retired president; and assigned one utility car and driver to a retired vice president.
Discussion and Conclusion
When, in 1996, former President Joseph S. Momoh asked the government for payment of his retirement benefits upon his return home from Guinea, the government of President Ahmad Tejan Kabbah issued a public statement on March 3, 1997, stating that “the Government was astounded by the level of the burden the State is required by law to carry in maintaining a retired President. Obviously, in our present economic situation, this nation is not in a position, and there is no justification, for incurring this type of expenditure on a former President.” In the end, considering “the need to be prudent and sensitive in the expenditure of Government funds,” Kabbah’s government offered the following benefits to the former president: a monthly pension of Le900,000 (to include payment for utilities, entertainment, and residential upkeep); a house; two security personnel; and a car. Even though it was “astounded” by the level of commitment, the government promised but did not amend or repeal the law to ease the financial burden on the people.
Read together, Section 48(3) which states that “The President shall be exempted from personal taxation,” Section 48 (5) which states that “The President shall be entitled to such pension and retiring benefits as shall be prescribed by Parliament,” and the “The Pensions and Retiring Benefits of Presidents and Vice-Presidents Act [No. 2], 1986,” have carved out a welfare system for retired presidents and vice presidents while most people live on less than a dollar a day.
Further, in a system of government with separated powers and checks and balances (these provisions are more honored in the breach than in the observance), one wonders why the framers of the 1991 Constitution exempted the president from personal taxation, but not the Speaker of Parliament and the Chief Justice, heads of the legislature and judiciary respectively.
A partial answer to this conundrum may lie in how the Constitutional Review Committee (CRC), in its 2016 report, characterized the pension and benefit scheme: “The CRC recommends that the President’s salary, emoluments and allowances drawn from the Consolidated Fund as privileges of the office of President should not be subject to taxation. The President, nonetheless is not to be exempt from personal taxation on income derived from other sources, including any enterprise, business venture in mining, agriculture, among others taxable and applicable to all other citizens. The CRC therefore recommends that section 48(3) should be amended to read as follows: “(3) The President shall not be exempted from personal taxation.””
The CRC failed the People in two key areas. First, it was not aware of or did not appreciate the fact that pursuant to Section 46(3) “The President shall not, while he continues in office as President, hold any other office of profit or emolument in the service of Sierra Leone or occupy any other position carrying the right to remuneration for rendering services.” In other words, under the “emolument” provision, a serving president cannot receive any other income apart from his salary as president. Second, the president and vice president are public servants, elected by the People and limited to two, five-year terms in office. They are accountable to the People, and can be impeached and removed from office by Parliament. These constitutional provisions should be enough to demystify the presidency. And so, serving as president or vice president is a privilege and not a right of primogeniture or some other monarchical form of succession. Paying taxes, therefore, is an obligation; exemptions from this obligation which every other adult citizen is called upon to fulfill under pain of punishment are not “privileges of the office.” Thus, the CRC did itself no favors by maintaining the status quo ante. Instead of being more positive, creative, and transformative, it kicked the can down the road when given the opportunity to craft a more perfect document.
Finally, “The Pensions and Retiring Benefits of Presidents and Vice-Presidents Act [No. 2], 1986,” had its origins in Section 27 of the 1978 One-Party Constitution which the current Constitution abolished in 1991. Nevertheless, no substantive attempt has been made to overhaul it on constitutional grounds and on the fact that it places a heavy burden on taxpayers. It is unfair for the government to tax the People in order to fund the retirement benefits of a former president who paid no personal taxes while in office, and a former vice president who, in retirement, pays no taxes or duties on personal property imported into the country from abroad. The law must be amended or repealed in the interests of fairness, the rule of law, and due regard for the People who bear the heavy burden of taxation.
